Abeygunasekera v. Setunga and Others – sllr 1997 volume 1 page 062

In the case between Abeygunasekera (Plaintiff) and Setunga and others (Defendants), the court addressed whether the Court of Appeal possesses appellate jurisdiction under Article 138(1) read with Article 154P(6) of the Constitution over decisions of the High Court, regardless of whether those decisions are rendered by way of appeal or revision. It was held that such jurisdiction is not restricted to appeals alone and includes review of decisions made under both appellate and revisionary jurisdiction. It was further determined that Section 74(2) of the Primary Courts’ Procedure Act does not curtail the right of appeal to a decision of the High Court. The principle reaffirmed is that appellate powers under the Constitution should be construed broadly to advance the intention of the legislatu